HC restores dismissal of ex-J&K Bank branch head in misconduct case
15/05/2026
Jammu, May 14: The High Court of Jammu and Kashmir and Ladakh has held that a bank officer dealing with public funds occupies a position of trust and is expected to discharge duties with utmost integrity, honesty and diligence while handling financial transactions.
A Division Bench of Justice Sanjeev Kumar and Justice Sanjay Parihar made the observation while allowing a Letters Patent Appeal filed by Jammu and Kashmir Bank against a Single Bench judgment that had quashed the dismissal of former branch head Naseer Ahmad Sheikh.
The court noted that Sheikh, who had served as branch head at the bank's Barzulla and Rangreth branches, was placed under suspension in March 2021 after disciplinary proceedings were initiated against him over alleged acts of omission and commission, including
sanctioning temporary overdrafts beyond his authority.
The Bench observed that two departmental enquiries were conducted against the officer during his service tenure and, despite his superannuation during the proceedings, the bank continued the enquiry under its service rules before dismissing him from service retrospectively from the date of retirement.
Setting aside the earlier Single Bench ruling, the Division Bench held that the enquiry had been conducted in accordance with the prescribed rules and principles of natural justice. The court further observed that constitutional courts do not act as appellate authorities in departmental enquiries and cannot re-appreciate evidence unless findings are perverse, unsupported by evidence, or suffer from procedural illegality.
The Bench said sanctioning loans or overdrafts beyond authorised limits and failing to ensure proper utilisation of funds amounted to financial irregularity as such acts exposed the bank to financial risk. It added that disciplinary action cannot be questioned merely because no actual financial loss was ultimately suffered. Holding that the officer had indulged in reckless lending and permitted temporary overdraft facilities without competent sanction, the High Court restored the dismissal order and dismissed the writ petition.
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